House OKs amendment banning flag burning

Flag burning ban run up pole, againHouse approves amendment once more, but it may lack votes needed in the Senate

LAURIE KELLMAN, Associated Press |
June 23, 2005

WASHINGTON - Supporters of a constitutional amendment to ban flag burning hoped a bigger Republican majority in Congress and wartime patriotism would give the proposal the best chance in years to advance to the states for ratification.

"The American people want this," said Sen. Orrin Hatch, R-Utah, sponsor of the amendment in the Senate.

But an informal survey Wednesday by the Associated Press suggested the amendment's prospects in the Senate are no brighter than in the past, unless there is a switch in position by one or more senators.

The tally found 35 senators on record as opposing the amendment — one more than the number needed to defeat it if all 100 senators vote, barring a change in position.

"As I have said in the past, I support federal legislation that would outlaw flag desecration, much like laws that currently prohibit the burning of crosses, but I don't believe a constitutional amendment is the answer," Clinton, a possible presidential candidate in 2008, said in a statement.

House debate, which ended with an unsurprising 286-130 vote in favor of the amendment, fell along familiar lines over whether the amendment strengthened the Constitution or ran afoul of free speech.

Supporters said there was more public backing than ever because of emotions following the attacks of Sept. 11, 2001. Proponents said detractors were out of touch with public sentiment.

Critics said supporters of the amendment were exploiting the attacks to trample the right to free speech.

"If the flag needs protection at all, it needs protection from members of Congress who value the symbol more than the freedoms that the flag represents." said Rep. Jerrold Nadler, D-N.Y.

As in the House, the amendment needs a two-thirds majority of those voting for the Senate to pass the amendment and send it to the states for ratification. The measure would have to pass in 38 states, within seven years.